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Us Gov > Amendments and vocab > Flashcards

Amendments and vocab Flashcards

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0
Q

Cruel and usual punishment

A

Court sentences prehibited by the eighth amendment

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1
Q

Commercial speech

A

Communication in the form of advertising which can be restricted more than any other types of speech

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2
Q

Due process clause

A

Part of the 14th amendment guaranteeing that persons cannot be deprived of life liberty or property of the united states or state government without due process of law

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3
Q

Civil liberties

A

Legal protections against government action

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4
Q

Eighth amendment

A

For bids cruel and usual punishment

Excessive bail or excessive fine

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5
Q

Establishment clause

A

Part of the first amendment stating that Congress shall make no law respecting an establishment of religion

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6
Q

Exclusionary rule

A

The role that evidence cannot be introduced into a trial if it was not constitutionally obtained the rule prohibits the use of evidence pertained by unreasonable search and seizure

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7
Q

Fifth Amendment

A

Designed to protect the rights of persons accused including protection double jeopardy self-incrimination and punishment without due process of law

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8
Q

Free exercise clause

A

The first amendment provision that prohibits government from interfering with the practice of religion

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9
Q

First amendment

A

Establishes 5 great liberties freedom of the

press, speech religion assembly, associate

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10
Q

Incorporation doctrine

A

Legal concept under which the Supreme Court has nationalize the Bill of Rights making most of its provisions acceptable to the states through the 14th amendment

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11
Q

Libel

A

Publication of false and malicious statements that damage someone’s reputation

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12
Q

What are the three things that church related schools must have received aid

A

Have secular legislative purpose
primary effect that neither advances on inhibits religion
nor foster excessive government entanglement with religion

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13
Q

Prior restraint

A

Government actions preventing material from being published

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14
Q

Plea-bargaining

A

A bargain struck between the defendants lawyer and the prosecutor to which the defendant will plead guilty to a lesser crime exchange for states promise not to prosecute the defendant for more serious or additional crimes

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15
Q

Probable cause

A

The situation in which the police have reasonable grounds to believe a person should be arrested

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16
Q

Rights of privacy

A

Private personal life free from intrusion of the government

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17
Q

Sixth amendment

A

the right to counsel the right to confront a witness in the right to a speedy and public trial impartial jury can be confront the accuser and know about evidentce

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18
Q

Self-incrimination

A

Situation in which an individual accused is a compelling witness against him or herself in court

19
Q

Symbolic speech

A

Verbal communication such as flagburning all wearing an armband Supreme Court has allowed some symbolic speech under the First Amendment

20
Q

unReasonable search and seizure

A

Obtaining evidence in a random nether practice prohibited by the fourth amendment couple Coors and or a search warrant are required for legal and proper search for seizure of incriminating evidence

21
Q

materials are obscene if

A

1 the work taken as a whole has a prurient interest in sex
2 patently offensive defined a obscenity law
3 lacked serious artistic, literary, political or scientific value

22
Q

libel cases are _____ because _______

A

rarely won , people do not want to draw attention to them sevels

23
Q

what 2 problems can arise fron free press abd fair trails

A

the intrusion of the press might sway the jury or make them feel pressured
the press can with hold evidience

24
Q

2nd Amendment

A

The right to bear arms

25
Q

Third amendment

A

Quartering of soldiers

26
Q

Fourth amendment

A

unreasonable search and seizure

27
Q

The seventh amendment

A

Right of trial by jury where the value is over $20

28
Q

9th Amendment

A

Rights retained by the people

29
Q

10 Amendment

A

Right reserved to the state

30
Q

What public displays are un/constitutional

A

Constitutional; religious symbols during holidays or any religious symbol that is not promoting the religion
Unconstitutional; symbols that are in government offices and schools that promote religion

31
Q

What are some examples of prior restraint being used

A

during wartime and censorship at school

32
Q

Regulation of public airwaves is usually due too

A

obsenity

33
Q

What amendments argue right to privacy

A

1, 3,4, 9

34
Q

What does the fifth amendment say about due process

A

The federal government cannot deney life liberty and property

35
Q

Does the 14th amendment say about due process

A

The states cannot deprive life Liberty or property

36
Q

What is substantial due process

A

The substance of the government law

How are those unfair

37
Q

What is procedural due process

A

The procedures of The legal process

Unfair action

38
Q

14th amendment

A

Privileges and immunities clause(can’t discriminate people from other states)
Due process
Equal protection clause

39
Q

Baron v Baltimore significant

A

Upheld the idea of the federal government is held by the Bill of Rights

40
Q

Selective incorporation

A

Bill of rights pertains to the state

41
Q

Process of selective incorporation

A

Supreme Court cases adding pieces of amendments at a time

42
Q

What two things are asked by the grand jury

A

Was a crime committed and reasonable suspicion

43
Q

13th amendment

A

abolished slavery

44
Q

15th amendment

A

Allowed the Black men to vote

45
Q

19th amendment

A

Allowed women to vote

46
Q

24th amendment

A

Prohibits poll tax ONLY

Us Gov (15 decks)

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